Guy's Fight With The TSA Over 'Magic-Marker Protest' Will Likely Go To Trial

Government photo of Aaron
Tobey after he was detained at Richmond International Airport on
Dec. 30, 2011.Wired

A young Virginia man who says the TSA wrongfully detained him for
writing part of the Fourth Amendment on his chest in magic marker
will probably get his day in court, Wired reports.

Aaron Tobey
claims in his lawsuit that the TSA at Richmond International
Airport unlawfully detained and handcuffed him for 90 minutes
after he disrobed and revealed the Constitutional protest against
airport security measures.

TSA agents allegedly called the police, who charged him with a
misdemeanor. His suit claims the TSA violated his civil liberties
and seeks $250,000 in damages.

The 4th U.S. Circuit Court of Appeals ruled 2-1 in Tobey's favor
on Friday, finding he had presented enough evidence to move
forward with his claim that the government violated his right to
free speech.

In doing so, the appeals court denied the TSA's attempt to
dismiss the suit, meaning the case will likely head to a jury.

In his opinion, Judge Roger Gregory ruled that the First Amendment protects "peaceful
nondisruptive speech" that "cannot be suppressed solely because
the government disagrees with it.”